Hannah Arendt Center for Politics and Humanities
13Oct/140

Amor Mundi 10/12/14

Arendtamormundi

Hannah Arendt considered calling her magnum opus Amor Mundi: Love of the World. Instead, she settled upon The Human Condition. What is most difficult, Arendt writes, is to love the world as it is, with all the evil and suffering in it. And yet she came to do just that. Loving the world means neither uncritical acceptance nor contemptuous rejection. Above all it means the unwavering facing up to and comprehension of that which is.

Every Sunday, The Hannah Arendt Center Amor Mundi Weekly Newsletter will offer our favorite essays and blog posts from around the web. These essays will help you comprehend the world. And learn to love it.

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Whoispatrickmodiano?

Patrick ModianoThe Nobel Prize in Literature was awarded this week to French novelist Patrick Modiano, whose work is more or less unavailable in English. Alexandra Schwartz offers an introduction: "[Modiano's first novel] La Place de l'Étoile appeared at a moment when the core tenet of French postwar identity-'the myth of France as a nation of resisters,' as the French writer Clémence Boulouque put it to me when I called her to discuss Modiano's win-was beginning to crumble. (The book was published in May, 1968, the same month that the famous student protests in Paris began; General de Gaulle, the President of the Republic and the living symbol of French heroism during the war, fled to a military base in Germany to wait it all out.) Modiano knew the soiled truth firsthand. His father had refused to wear the star and did not turn himself in when Paris's Jews were rounded up for deportation to concentration camps; he spent the war doing business on the black market and hanging around with the Gestapo stationed on the Rue Lauriston. Boulouque, who is currently a post-doctoral fellow in Jewish Studies at the University of Pennsylvania, told me that in his three dozen or so novels Modiano has returned again and again to the same themes: the pull of the past, the threat of disappearance, the blurring of moral boundaries, 'the dark side of the soul.' Modiano, she told me, believes that 'the novelist has an ethical duty to record the traces of the people who have vanished, the people who were made to disappear.' It will not have escaped the attention of the Nobel committee that Modiano's win comes at a time when anti-Semitism in France is on the rise, as is the rate of French Jews' emigration to Israel. The fear that French Jews are not safe in their own land, that French Jewish culture may vanish, is once again palpable, and real."

War Without Imagination

The ValleyBrian Castner asks why with so much fiction and poetry coming from veterans of the war in Iraq, almost no fiction has emerged from the war in Afghanistan. His best answer: "Afghanistan was always a Task Force war. It began with CIA officers and special forces soldiers on horseback, 'Just a couple guys dressed up like Afghans giving the middle finger to the camera,' according to Maurer. Eventually larger units arrived, but still Rangers and paratroopers and the air assets to support them. That culture survived as the war grew: every aspect of the mission was executed by a Task Force with a name like Odin and Paladin or, for the more secret elite units, a numerical designation alone. Regional commands were given greater autonomy, special forces teams blanketed the country and had freedom to operate, and small outposts were left to survive on their own. Contrast this experience with Iraq, a centrally controlled war where every armor division and artillery regiment took a turn; in military-speak, Big Army was in charge. 'Iraq was televised,' Maurer says. 'It was a big invasion, it was a lot of guys, and it was a combined arms wet dream. They got a chance to use all the stuff.' The long occupation of Iraq then required many average soldiers, many cogs of the war machine, to patrol streets, sweep highways, and simply be in the neighborhoods, on the forward operating bases (FOBs), in country. To use a term from military doctrine, Iraq became a war of mass. 'I think special operations is the overarching narrative of the Afghan War,' says Maurer, 'and those guys love their jobs. To get to that level, it isn't a part-time job, it is your life, it's how you define yourself. So it makes sense they want to do memoirs to recount their stories. I don't see a lot of those guys sitting quietly at the firebase with an existential crisis, some sort of deep journaling. Meanwhile, you go to any platoon in the major conventional units, and you have a cross section of the country.' 'Who's even drawn to write novels?' Molin asks me, not entirely rhetorically. Not only did the average soldier in Iraq and Afghanistan have vastly different experiences, they had different backgrounds, skill sets, and relationship with their chosen occupation. 'If you think of a young guy in an unconventional unit, a SEAL team or special forces, out at a fire base, they have a vote,' says Maurer. 'Even the newest guy on the team, they are going to look at him for his specialty, they will ask his input on certain parts of a mission. An 18-year-old assistant machine gunner in the infantry, you're not being asked to do anything other than pick up your machine gun and walk.'"

Big Positivism

big dataNathan Jurgenson suggests that Big Data is the new positivism, but with a perverse twist: "The positivist fiction has always relied on unequal access: science could sell itself as morally and politically disinterested for so long because the requisite skills were so unevenly distributed. As scientific practice is increasingly conducted from different cultural standpoints, the inherited political biases of previous science become more obvious. As access to education and advanced research methodologies became more widespread, they could no longer support the positivist myth. The cultural ideology of Big Data attempts to reverse this by shifting authority away from (slightly more) democratized research expertise toward unequal access to proprietary, gated data. (Molly Osberg points out in her review of Dataclysm for the Verge how Rudder explains in the notes how he gathered most of his information through personal interactions with other tech company executives.) When data is said to be so good that it tells its own truths and researchers downplay their own methodological skills, that should be understood as an effort to make access to that data more valuable, more rarefied. And the same people positioning this data as so valuable and authoritative are typically the ones who own it and routinely sell access to it."

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Magical Mystery Tour

literary tourIn an interview about the creation and teaching of a class on Landscape Artists at the Iowa Writer's Workshop. Karen Russell talks revisiting the much-read: "In class, we take a sort of field trip of the mind together, and it's fun to see some of the places we've all been to before with fresh eyes-Nathaniel Hawthorne territory, Faulkner's county, Shirley Jackson's terrifying 'Lottery' village. The spots on the literary tram tour. I assumed Hemingway was on that itinerary, so I handed out the story without his name, but half the class wasn't familiar with it. It reads totally differently if you remove it from the context of Hemingway's Nick Adams stories and the war, so it became an accidental experiment to learn how much context informs your experience of a place in story. The students still loved it, but what they loved about it seemed more experiential-the animal happiness of being safe in a tent, for instance."

Not Always Right

Eula BissEula Biss compares the crisis in education to the crisis in health care. At the root of it all, she says, is a consumer mentality: "Yes, we may be consumers, of health care as well as many other things, but that doesn't mean that it always serves us best to think like consumers. Health care is one of those areas, like art-making or community-building or education, where the consumerist approach of trying to get as much as you can for as little as possible can be counterproductive. As a teacher, I've had ample opportunity to observe what consumerism does to education. Students who approach their education as consumers may be passive, may want a product not a process, and may expect learning to feel like entertainment. Learning tends to hurt more than entertainment, and the inevitable disappointment felt by the consumerist learner is often interpreted as a defect in the product. The loss there is twofold-the learner loses the opportunity to learn, but also loses the awareness that she is responsible for that loss. This is not to say that we shouldn't be looking hard at the high cost of education, and the low returns some students get for that cost. We should absolutely interrogate the economy of education and its corruptions, just as we should interrogate the economy of health care and its corruptions. But we aren't served any better, within these troubled systems, by failing to understand our personal role and responsibilities."

Do Words Limit Art

SpiegelmanSuddenly comics are everywhere. Best sellers are reissued in graphic editions and graphic books are best sellers. For the under 15 set, graphic novels are now a mainstay. Asked whether "Words Limit Art?" Art Spiegelman offers a theory about why comics have had trouble gaining cultural footing: "I would say that as words rose in our cultural firmament, pictures got smashed down to make room for them. And ever since, pictures have been more suspect. We're living in this Protestant country that doesn't respect imagery the same way it respects the word. And all of a sudden something like comics comes along that mixes the two together, and it's viewed as contraband. We're getting into a place where we're barraged with words and images all the time, and we have to get rid of our prejudices against one or the other, and this (tour) is like a controlled science experiment where you've got the pictures without the language."

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Featured Events

dorst_ehlerReading: Tankred Dorst and Ursula Ehler

Two of Germany's most distinguished contemporary playwrights read from Discovery of America and other works.

Thursday, October 16, 2014

Olin Room 102, 7:30 pm


One Day University Film School Presents: "Robot and Frank" and a Discussion with Roger Berkowitz

Robot and Frank explores the depths of friendship and even love between a robot and a man. Though the film is a comedy, the underlying questions it raises are both timely and serious. What is friendship? Can a machine love? More importantly, what happens when humans fall in love with machines?

Sunday, October 19, 2014

Manhattan Movement and Arts Center, 2:00 pm - 5:00 pm


From the Arendt Center Blog

This week on the Blog, Ian Storey invokes two pieces by E. B. White to speculate about the United States' fear for the world it must confront today in the Quote of the Week. And Plato provides this week's Thoughts on Thinking.

conference_14On Thursday and Friday, we held our seventh annual fall conference "The Unmaking of Americans: Are There Still American Ideals Worth Fighting For?" It was a busy two days full of talks and discussions, made all the more stimulating by audience members' insightful comments and questions. We hope you were able to make it, and if not, hopefully you were able to watch the conference using our live webcast.

We at the Hannah Arendt Center pride ourselves on our ability to host engaging, thought-provoking events for the Bard community and the greater public at large. We look forward to continuing this tradition well into the future.

Thank you for supporting the Hannah Arendt Center and for helping to make this past week's conference our best conference yet!

The Hannah Arendt Center
The Hannah Arendt Center at Bard is a unique institution, offering a marriage of non-partisan politics and the humanities. It serves as an intellectual incubator for engaged thinking and public discussion of the nation's most pressing political and ethical challenges.
26Feb/135

The Politics of Intimacy

In an era defined by pervasive mass mediation, what role might intimacy—a relation of closeness and familiarity with another person—play in the realm of politics? Most of us are familiar with the town hall meetings, living-room campaign events, and other highly publicized yet simultaneously face-to-face interactions that now play a prominent role in this country’s electoral campaigns. Most of us also recognize the ways that Obama and other recent Presidents have presented the nation with stories of individual tribulation in order to “give a human face” to the sub-prime mortgage crisis, the spiraling costs of health care, or the most recent school shooting. To be sure, cynics might argue that political figures stage such moments of (supposed) intimacy merely to evoke and harness constituents’ sentiments in the service of their policies—or to lend themselves an air of human approachability. There is probably some truth in these claims. But I believe such skepticism also underestimates the varied motives that prompt leaders to mobilize the rhetoric of intimacy. It also skirts the diverse reasons why ordinary citizens might seek out—or refuse—those leaders’ expressions of empathy and solidarity.

I was led to these reflections by last week’s meeting between German Federal President Joachim Gauck and the relatives of the ten people murdered by the National Socialist Underground, or NSU, between 2000 and 2007. The NSU was a small but committed group of violent neo-Nazis that initially coalesced in Jena, a university town in the former East Germany, over the course of the 1990s. In the years that followed, the NSU’s core members ranged across the Federal Republic of Germany to target and fatally shoot nine small business owners of migrant backgrounds (eight of them Turkish, one of them Greek). They also shot two police officers, one of whom later died of her injuries, and injured twenty-three additional people in two separate bombings.

The NSU managed to evade detection and arrest for years due to competition between German law enforcement and security agencies, structural barriers to communication, and the evident negligence of investigators on the local, state, and national levels. Perhaps most egregiously, the Federal Office of Constitutional Protection sought to avoid public scrutiny and censure of its actions in late 2011 by deliberately destroying files that documented its long-standing contacts with another right extremist group closely related to the NSU. During these years of bungling, many of those in law enforcement and public security failed to take the possibility of right-wing political violence seriously. Instead, investigators long operated on the premise that the victims had died at the hands of relatives, drug dealers, or other criminals in the underground immigrant milieu. In this manner, law enforcement officials wittingly or unwittingly bought into reductive stereotypes that link people of migrant backgrounds with violence and crime.

On February 18th, Federal President Gauck invited the victims’ families to his offices in Berlin to express his commitment to the full investigation of the murders and the institutional shortcomings that failed to prevent them. This meeting was a particularly delicate one for Gauck since he has struggled to strike a consistent and publicly palatable tone on matters of immigration. In 2010 he awkwardly defended the anti-immigrant populist Thilo Sarrazin and his book Deutschland schafft sich ab, and later that same year he distanced himself from former Federal President Christian Wulff’s claim that “Islam belongs to Germany.” Gauck also appeared distinctly ill at ease during an earlier memorial gathering with the victims’ families in 2012. On the whole, Gauck’s public statements have tended to emphasize the “foreignness” of Muslims and post-war migrants, not their integral and self-evident membership in German national life.

Perhaps in response to his earlier public statements, last week Gauck promised the families that he would invest his full “personal involvement” in the ongoing government-led inquiry. This striking formulation implied a level of engagement on his part that extended beyond the strictly “professional” concern that might be expected of him as Germany’s Federal President. In addition, Gauck insisted ahead of the meeting that it would be small in scale and familiar in tone, and members of the press would not be allowed to attend the proceedings. These conditions would allow him, he contended, to hold personal and private conversations with all of the attendees. In short, Gauck set considerable store in interpersonal intimacy as a means to engage with the surviving family members, acknowledge their loss and mistreatment, and restore at least some of their confidence in German legal and political institutions. He probably also hoped to rehabilitate his own public image to some degree, but I suspect that this motive was not the overriding one during this particular meeting.

Many of the surviving family members accepted Gauck’s invitation, and several of the seventy total attendees contributed in their own fashion to this performance of political intimacy. Ismail Yozgat, father of murder victim Halil Yozgat, arrived with a photograph of his son as a six-year-old hung around his neck, and when he tearfully called on state authorities to “give me my son back,” Gauck wrapped his arm around his shoulders.

But many of the other attendees pointedly refused to speak at length with the Federal President, and some later expressed irritation that Gauck had not lingered with them, but had instead departed promptly at 2 p.m. to attend to other business. Others were troubled by the fact that Gauck had shared his opening remarks with media representatives rather than reserving them for the families alone. And still others had not accepted the Federal President’s invitation at all and remained distant from the gathering. One family worried that the group would actually be too large for Gauck to have a personal conversation with them. A few others, meanwhile, justified their absence on the grounds that the Federal President’s office had not honored their requests for their lawyers to be present. In the words of Angela Wierig, representative for Ayşen Taşköprü: “true empathy would have recognized that my client would have liked me by her side.”

In short, the families of the NSU murder victims were well aware of the intimacy that Gauck had hoped to invest and mobilize in their meeting with him, and they negotiated his framing of the event in diverse ways. While some consented to the terms of Gauck’s invitation, others detected a distinct lack of sincerity in his proclaimed “personal involvement.” Others feared that the gathering would not in fact be intimate enough, while still others refused the offer of intimacy and instead sought to place the meeting on a squarely legalistic, guarded, even confrontational footing.

All of these responses point to the ways that human closeness is not an inevitable or natural state of affairs, but rather a contingent condition that can only fashioned amid varied and often trying circumstances. Moreover, they suggest that intimacy may not be the only or even the best means to redress moments of pain, injustice, and mistrust.

For no small number of the people affected by the NSU murders, rigorous accountability for law enforcement incompetence—not offers of solidarity from the Federal President—offered the most promising route forward.

-Jeff Jurgens

The Hannah Arendt Center
The Hannah Arendt Center at Bard is a unique institution, offering a marriage of non-partisan politics and the humanities. It serves as an intellectual incubator for engaged thinking and public discussion of the nation's most pressing political and ethical challenges.
24Feb/130

Amor Mundi 2/24/13

Hannah Arendt considered calling her magnum opus Amor Mundi: Love of the World. Instead, she settled upon The Human Condition. What is most difficult, Arendt writes, is to love the world as it is, with all the evil and suffering in it. And yet she came to do just that. Loving the world means neither uncritical acceptance nor contemptuous rejection. Above all it means the unwavering facing up to and comprehension of that which is.

Every Sunday, The Hannah Arendt Center Amor Mundi Weekly Newsletter will offer our favorite essays and blog posts from around the web. These essays will help you comprehend the world. And learn to love it.

Addicted to Corruption

Clocking in as the longest article ever in Time (h/t Dylan Byers), Steven Brill’s cover story is the single-best account of the insanity and corruption of our current medical system. Why do we accept the skyrocketing costs of medical care? “Those who work in the health care industry and those who argue over health care policy seem inured to the shock.” Brill shows us why the bills are really way too high. Hint: it is not because the care is so good. There are so many excess costs in the system, that reforming it should be easy, if it weren’t so corrupt.

 

Can I Give you $1.8 Million?

David Goldhill wants to give all working Americans $1,800,000, the amount he calculates a 23 year-old beginning work today at $35,000/year will pay, directly or indirectly, in health care insurance benefits. Goldhill argues that our health care system wastes most of that money because people have no incentive to attend to costs. He suggests a dual system. Give every American health insurance for truly rare and unpredictable illnesses. But for regular costs and smaller emergencies, he would refund workers the money they are losing and let them pay for healthcare themselves.

 

Speak, Memory

Oliver Sacks walks through his past and, with the help of his brother, discovers that a memory he had believed his own had actually been that of another. Starting from there, he gives a short account of the weakness of individual remembering, which allows us to take in something we've heard or seen and make it our own. He concludes, finally, that "memory is dialogic and arises not only from direct experience but from the intercourse of many minds."

 

 

The Subtlety of the Dole for the Rich

Michael Lewis writes of the rise of an unapologetic business class in the 1990s and early 2000’s, that they enjoyed the “upside to big risk-taking, the costs of which would be socialized, if they ever went wrong. For a long time they looked simply like fair compensation for being clever and working hard. But that’s not what they really were; and the net effect was… to get rid of the dole for the poor and replace it with a far more generous, and far more subtle, dole for the rich.”

 

The Faces of Terror

Five women. “Two are wives and daughters in ordinary families unable to comprehend why such misfortune has overtaken them. A third is a young bride living in the household of a high party official. The last two are wives of the Master’s executioners. These stories are based on their memoirs—some written by themselves, others by close friends or by their children. These five women put a human face on the terror of Stalin’s purges and the Gulag in the Soviet Union of the 1930s.”

 

Failed Ambitions

“Debt doesn’t look like much. It has no shape or smell. But, over time, it leaves a mark. In Spain, it manifested itself, first, as empty buildings, stillborn projects, and idled machines.” So writes Nick Paumgarten. To see how debt looks and smells, look at Simon Norfolk's surreal photographs of Residencial Francisco Hernando, an unfinished development near Seseña, Spain. Working his way through a half-finished city with few people in it, Norfolk's photography suggests that even beginning construction was an act of hubris; "everyone," he says, "wanted to get rich doing nothing."

 

Obama's Slugging Percentage?

The Arendt Center’s 2012 conference “Does the President Matter?” asked whether political leadership is still possible today. Guatam Mukunda believes that we can measure the value of a particular leader based on their behavior at the margins—what did that person accomplish over and above what another would have been able to do? In the accompanying video, Mukunda argues that leaders can only be great or terrible when the people selected for such roles are relatively unknown to those making the selection. In an age of information, the chances are slim.

 

This week on the blog

This week on the blog, we argued that American reformers should shift their efforts at reforming education towards high school and pointed towards Richard Kahlenberg's recent piece in The Chronicle of Higher Education, adding that "poverty, more than race or gender, is increasingly the true mark of disadvantage in 21st century America." We also continued the inquiry into the growing threat that entitlements pose to the next generation, highlighting Geoffrey Canada and Peter Druckenmiller's argument that entitlements are a generational theft that must be arrested. Elsewhere, Na'ama Rokem quotes from Arendt's only Yiddish-language article to explore the philosopher's language politics and her Jewish identity. Jeff Champlin looked at some similarities between Habermas and Arendt in their understandings of power. In the Weekend Read, Roger Berkowitz argues that we need to free federalism from its present partisanship and recall the important connection between federalism and freedom.  Finally, if you didn't get around to our remembrance of Ronald Dworkin, you should take some time and give it a read.

Until next week,

The Hannah Arendt Center

The Hannah Arendt Center
The Hannah Arendt Center at Bard is a unique institution, offering a marriage of non-partisan politics and the humanities. It serves as an intellectual incubator for engaged thinking and public discussion of the nation's most pressing political and ethical challenges.
8Feb/133

Generational Injustice

Walter Russell Mead is getting it right about the utter selfishness of the boomer generation and how it is bankrupting our governments, thus leaving government incapable of public services for the next generation.

This story is about more than just high gas prices or taxes. It’s yet another case of the boomer generation stealing from younger generations. Besides promising themselves fat pensions that they refused to save money or tax themselves to pay for, the boomers let the country’s infrastructure run down. The next generation is already staggering under a rising tax burden, student loan debt, and retirees’ massive health care bills. On top of all this, they now have to pay through the nose just to keep the roads, bridges, and tunnels in good repair after years of neglect and deferred maintenance.

-RB

The Hannah Arendt Center
The Hannah Arendt Center at Bard is a unique institution, offering a marriage of non-partisan politics and the humanities. It serves as an intellectual incubator for engaged thinking and public discussion of the nation's most pressing political and ethical challenges.
30Jan/130

An Army of Pensioners

When people talk about the cost of entitlements or pensions, there is often a whiff of condescension, as if government employees don’t deserve their benefits. Often forgotten is the fact that private pensions are underfunded as well, and they are insured by the federal government. And now we are told that the military may have the biggest pension problem of all. Here is what the Financial Times reports:

Of all the politically difficult budget issues that Mr Hagel will face, few are more charged than the question of military entitlements which have risen sharply over the past decade. A report last year by the Center for Strategic and Budgetary Assessments concluded that at current rates, “military personnel costs will consume the entire defence budget by 2039”. Robert Gates, Mr Obama’s first defence secretary, once warned that these expenses were “eating us alive”.

Just as pensions and entitlements will soon crowd out all other government spending, so too will military pensions crowd out all military spending.

No one today can responsibly argue against pensions and health care. And no one can call the soldiers lazy burdens on the public weal. But neither can we fail to recognize that our addiction to entitlements is destroying our politics and our public spirit. We are sacrificing public action—be it the pursuit of scientific knowledge, the erecting of monuments, the education of our young, the building of infrastructure, and even a well-outfitted military—for the private comfort of individuals. It is no wonder that our political system is broken at a time when all incentives in the country lead interest groups to focus on parochial interests above the common good. It is inconceivable that this situation is not in some way related to the emergence of entitlements as the central function of government.

The question is one of principle. We have gone from a common sense that people are responsible for themselves and the government provides a safety net to a common sense that everyone should receive an education, everyone should receive healthcare, and everyone should receive pension benefits for as long as they live. It is possible to embrace the latter common sense, but with it comes a significantly higher tax burden and a much more communal ethic than has typically reigned in America. This is not a problem that hits only public employees. It is endemic throughout society. And our military.

-RB

For more HAC coverage of the pension crisis, you can read "The Pension Crisis in Cities""Can America Be Fixed", and "Pension Crisis Primer."

The Hannah Arendt Center
The Hannah Arendt Center at Bard is a unique institution, offering a marriage of non-partisan politics and the humanities. It serves as an intellectual incubator for engaged thinking and public discussion of the nation's most pressing political and ethical challenges.
22Jan/130

Reflections on an Inaugural Address

I watched President Obama’s second Inaugural Address with my seven-year-old daughter. She had just completed a letter to the President—something she had been composing all week. She was glued to the TV. I found myself tearing up at times, as I do and should do at all such events. “The Star Spangled Banner” by Beyonce was… well, my daughter stood up right there in the living room, so I followed suit. The Inaugural Poem by Richard Blanco began strong—I found the first two stanzas powerful and lyrical.

The invocation of “One sun rose on us today,” is Whitmanesque, as is: “My face, your face, millions of faces in morning’s mirrors.” That second verse really grabbed me:

My face, your face, millions of faces in morning’s mirrors,
each one yearning to life, crescendoing into our day,
pencil-yellow school buses, the rhythm of traffic lights,
fruit stands: apples, limes, and oranges arrayed like rainbows
begging our praise. Silver trucks heavy with oil or paper—
bricks or milk, teeming over highways alongside us,
on our way to clean tables, read ledgers, or save lives—
to teach geometry, or ring-up groceries as my mother did
for twenty years, so I could write this poem.

I was hooked here, with Blanco’s rendition of a motley American life guided by a rising sun. But the poem dragged for me. I lost the thread. Still, I am so grateful for the continued presence of poetry at inaugural events. They remind us that the Presidency and the country is more than policy and prose.

In the President’s speech itself, there was too much politics, some prose, and a bit of poetry. There were a few stirring lines affirming the grand dreams of the United States. His opening was pitch perfect:

 Each time we gather to inaugurate a President we bear witness to the enduring strength of our Constitution.  We affirm the promise of our democracy.  We recall that what binds this nation together is not the colors of our skin or the tenets of our faith or the origins of our names.  What makes us exceptional -- what makes us American -- is our allegiance to an idea articulated in a declaration made more than two centuries ago:

“We hold these truths to be self-evident, that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness.”

Storytelling, Hannah Arendt knew, was at the essence of politics. The President understands the importance and power of a story and the story of America is one of the dream of democracy and freedom. He tells it well. Some will balk at his full embrace of American exceptionalism. They are right to when such a stand leads to arrogance. But American exceptionalism is also, and more importantly, a tale of the dream of the Promised Land. It is an ever-receding dream, as all such dreams are. But that means only that the dream must be kept alive. That is one of the purposes of Presidential Inaugurations, and President Obama did that beautifully.

Another stirring section invoked the freedom struggles of the past struggles for equality.

We, the people, declare today that the most evident of truths –- that all of us are created equal –- is the star that guides us still; just as it guided our forebears through Seneca Falls, and Selma, and Stonewall; just as it guided all those men and women, sung and unsung, who left footprints along this great Mall, to hear a preacher say that we cannot walk alone; to hear a King proclaim that our individual freedom is inextricably bound to the freedom of every soul on Earth.

The President, our nation’s first black President now elected for a second term, sought to raise the aspiration for racial and sexual equality to the pantheon of our Constitutional truths. Including the struggles of gay Americans—he mentioned gay rights for the first time in an inaugural address—the President powerfully rooted the inclusivity of the American dream in the sacred words of the Declaration of Independence and set them in the hallowed grounds of constitutional ideals.

When later I saw the headlines and the blogs, it was as if I had watched a different speech. Supposedly the President offered an “aggressive” speech. And he came out as unabashedly liberal.  This is because he mentioned climate change (saying nothing about how he will approach it) and gay rights. Oh, and many saw it as unabashedly liberal when the President said:

For we, the people, understand that our country cannot succeed when a shrinking few do very well and a growing many barely make it. We believe that America’s prosperity must rest upon the broad shoulders of a rising middle class.  We know that America thrives when every person can find independence and pride in their work; when the wages of honest labor liberate families from the brink of hardship.  We are true to our creed when a little girl born into the bleakest poverty knows that she has the same chance to succeed as anybody else, because she is an American; she is free, and she is equal, not just in the eyes of God but also in our own.

How is it “liberal” to value the middle-class and pride in work? There was nearly nothing in this talk about the poor or welfare. It was about working Americans, the people whose labor builds the bridges and protects are people. And it was about the American dream of income and class mobility. How is that liberal? Is it liberal to insist on a progressive income tax? Granted, it is liberal to insist that we raise revenue without cutting expenses. But where was that said?

And then there are the swarm of comments and critiques about the President’s defense of entitlements.  Well here is what he said:

We understand that outworn programs are inadequate to the needs of our time.  So we must harness new ideas and technology to remake our government, revamp our tax code, reform our schools, and empower our citizens with the skills they need to work harder, learn more, reach higher.  But while the means will change, our purpose endures:  a nation that rewards the effort and determination of every single American.  That is what this moment requires.  That is what will give real meaning to our creed.   We, the people, still believe that every citizen deserves a basic measure of security and dignity.  We must make the hard choices to reduce the cost of health care and the size of our deficit.  But we reject the belief that America must choose between caring for the generation that built this country and investing in the generation that will build its future.  (Applause.)  For we remember the lessons of our past, when twilight years were spent in poverty and parents of a child with a disability had nowhere to turn.

If I read this correctly, the President is here saying: We spend too much on health care and we need to cut our deficit. Outworn programs must change and we need innovation and technology to improve our schools even as we reduce the cost of education. We must, he says, “make the hard choices to reduce the cost of health care and the size of our deficit.”  Yet we must do so without abandoning the nation’s creed: the every American has equal worth and dignity. This is a call for changing and rethinking entitlements while cutting their cost. It is pragmatic and yet sensible. How is it liberal? Is it now liberal to believe in social security and Medicare? Show me any nationally influential conservative who will do away with these programs? Reform them, yes. But abandon them?

More than a liberal, the President sounded like a constitutional law professor. He laid out broad principles. We must care for our fellow citizens. But he left open the way that we might do so.

Perhaps the most problematic section of the President’s speech is this one:

We do not believe that in this country freedom is reserved for the lucky, or happiness for the few.  We recognize that no matter how responsibly we live our lives, any one of us at any time may face a job loss, or a sudden illness, or a home swept away in a terrible storm.  The commitments we make to each other through Medicare and Medicaid and Social Security, these things do not sap our initiative, they strengthen us.  They do not make us a nation of takers; they free us to take the risks that make this country great.

Here the President might sound liberal. But what is he saying? He is raising the entitlement programs of the New Deal to Constitutional status, saying that these programs are part of the American way of life. He is not wrong. No Republican—not Reagan, not Romney, not Paul Ryan—proposes getting rid of these programs. They have become part of the American way of life.

That said, these programs are not unproblematic. The President might say that “these things do not sap our initiative, they strengthen us. They do not make us a nation of takers; they free us to take the risks that make this country great.” But saying it does not make it true. There are times when these programs care for the sick and unfortunate. And yet there are no doubt times and places where the social safety net leads to taking and weakness. It is also true that these programs are taking up ever more of our national budget, as this chart from the Government Accounting Office makes clear.

The President knows we need to cut entitlements. He has said so repeatedly. His greatest liability now is not that he can’t control opposition Republicans. It is that he doesn’t seem able or willing to exert leadership over the members of his own party in coming up with a meaningful approach to bring our entitlement spending—spending that is necessary and rightly part of our constitutional DNA—into the modern era. That is the President’s challenge.

The problem with President Obama’s speech was not that it was liberal. Rather, what the President failed to offer was a meaningful example of leadership in doing what he knows we must do: Rethinking, re-imagining, and re-forming our entitlement programs to bring them into the modern era.

-RB

The Hannah Arendt Center
The Hannah Arendt Center at Bard is a unique institution, offering a marriage of non-partisan politics and the humanities. It serves as an intellectual incubator for engaged thinking and public discussion of the nation's most pressing political and ethical challenges.
17Jan/133

The Pension Crisis in Cities

The Pew Center on the States issued a study this week that sheds further light on our municipal pension problems, a political crisis with strong Arendtian overones. Where most studies have focused on the enormous problems faced by states, this one focuses on cities:

Cities employing nearly half of U.S. municipal workers saw their pension and retiree health-care funding levels fall from 79% in fiscal year 2007 to 74% in fiscal year 2009, using the latest available data, according to the Pew Center on the States. Pension systems are considered healthy if they are 80% funded.

The growing funding gulf, which the study estimated at more than $217 billion for the 61 cities in the study, raises worries about local finances at a time when states are also struggling to recover from the recession. Property-tax revenue dipped during the housing crisis, straining city finances amid a weak national economy.

The reason to pay attention to the problems in cities is that cities have even less ability to solve their pension shortfalls than states. The smaller the population, the more a city would have to tax each citizen in order to help pay for the pensions of its retired public workers. The result is that either cities get bailed out by states and lose their independence (as is happening in Michigan) or the cities file for bankruptcy (as is happening in California).

Also this week the NY Times ran a story about San Bernadino, one of three California cities to file for bankruptcy as a result of their pension obligations. It is a stark reminder of why we should care about public pensions:

Five months after San Bernardino filed for bankruptcy — the third California city to seek Chapter 9 protections in 2012 — residents here are confronting a transformed and more perilous city.  After violent crime had dropped steadily for years, the homicide rate shot up more than 50 percent in 2012 as a shrinking police force struggled to keep order in a city long troubled by street gangs that have migrated from Los Angeles, 60 miles to the west.  … “The parks department is shredded, the libraries similarly,” [the mayor] said. “My office is down to nobody. I’ve got literally no one left.”

A similar fate is befalling other California cities that are in bankruptcy:

Stockton, Calif., which filed for bankruptcy in June, has followed a similarly grim path into insolvency, logging more homicides last year than ever before. In Vallejo, Calif., which filed for bankruptcy in 2008, cuts left the police force a third smaller, and the city became a hub for prostitution.

As I have argued, the pension crisis is not arcane policy or economics. It is a crisis of politics and government. It came about because municipal and state governments offered irresponsible contracts to public employees. There is no way these contractually guaranteed pensions can be paid. By refusing to face up to this fact now, we are making the problem worse. The result will be the hollowing out of local government services across the country. Police forces will be decimated. Public libraries and fire stations will close. Parks will fall into disrepair. All in order to pay full pensions to retirees. This of course won’t happen. Cities will refuse to do it, as they have in California and elsewhere. The result will then be bankruptcy, which comes with its own tragedies.

For anyone who cares about government and wants government to succeed, the pension problem must be addressed, for it threatens not only economic disaster, but political cynicism beyond even today's wildest dreams. Across the country, teachers, policemen and firemen, not to mention civil service employees and others, will see their promised pensions shrink precipitously. Not only will this devastate retirement nest eggs for millions of people, it will fray the social contract—pitting young against old and taxpayers against public employees. This is already happening.

What is more, the pension crisis will likely further erode local control over our lives. As municipalities go bankrupt they turn to states. As states go bankrupt, they turn to the federal government. Bailouts come with strings and ever-increasing levels of bureaucracy. For those who understand that our federal system was designed to thwart the establishment of sovereignty by dispersing power through competing levels of governance, the pension crisis has the potential to radically disempower local governments and further the amassing of federal power already long underway.

There may not be pretty or easy solutions, but ignoring or denying the problem is no longer an option. It is time for those who care about government and freedom to engage the pension issue and insist to our legislators that we act to treat pensioners with respect but also preserve the power of local governments to support rich and vibrant political institutions.

-RB

 

The Hannah Arendt Center
The Hannah Arendt Center at Bard is a unique institution, offering a marriage of non-partisan politics and the humanities. It serves as an intellectual incubator for engaged thinking and public discussion of the nation's most pressing political and ethical challenges.
13Jul/120

Roberts’ Opinion—Taxation Will Set You Free

The Wall Street Journal, The New York times, and Guernica—it seems everyone is excoriating John Roberts' opinion upholding the health insurance mandate in the Affordable Care Act. The WSJ calls the precedent Roberts set "grim." The Journal, in another editorial, writes that Roberts' decision is "is far more dangerous, and far more political, even than it first appeared last week." Roberts has, the WSJ argues, substituted "one unconstitutional expansion of government power [the commerce clause] for another [the taxing power]," and, in doing so, rearranged "the constitutional architecture of the U.S. political system."

In Guernica, Ciara Torres-Spelliscy, argues that  "Closer inspection of the actual written opinion shows Roberts gave those who want to hem in Congress’s power everything they wanted." Torres-Spelliscy agrees with the WSJ that, in her words, Roberts "provided the blueprint for a radical rebalancing of powers among the three branches."  But while the WSJ thinks Roberts is expanding governmental power, Torres-Spelliscy argues he is radically constricting it.

What both sides in this debate get right is that Roberts' opinion is deeply important and that it will likely change the way that the U.S. Federal Government interacts with citizens. That said, for those concerned with freedom within a constitutional government, as was Hannah Arendt, Roberts' opinion offers much to be excited about. It deserves greater and more serious consideration than it has so far been given.

Roberts' opinion begins with an eminently sensible manifesto for judicial restraint. Like his hero Oliver Wendell Holmes Jr., Roberts believes the Court should defer to Congress except in those cases where the legislation cannot be squared with the Constitution. The devil is always in the details of such a squaring, but at a time of ideological posturing, Roberts' opinion is a welcome read:

Our permissive reading of [Congress' enumerated powers] is explained in part by a general reticence to invalidate the acts of the Nation's elected leaders. "Proper respect for a co-ordinate branch of the government" requires that we strike down an Act of Congress only if "the lack of constitutional authority to pass [the] act in question is clearly demonstrated."  Members of this Court are vested with the authority to interpret the law; we possess neither the expertise nor the prerogative to make policy judgment. those decision are entrusted to our Nation's elected leaders, who can be thrown out of office if the people disagree with them. It is not our job to protect the people from the consequences of their political choices.

Whatever one thinks of Roberts' actual legal opinion, the statesmanship he evinces is welcome. In the most politically sensitive case since Bush v. Gore, Roberts defused a potential explosion threatening to undermine the Supreme Court's legitimacy. As the Arendt Center's Bard colleague Walter Russell Mead writes, "in form and execution this was a decision that will reinforce the Court’s position in the country while, so far as I can see, avoiding the possibility of harm based on the faulty constitutional theories that the health care law’s backers put forward." The introductory pages of the Roberts opinion offer a balanced and at times inspired primer in Constitutional interpretation and U.S. Constitutional history.

Beyond the near pitch-perfect tone, Roberts' opinion offers much to be thankful for. It is one of the most legally important opinion the Court has handed down in decades.  It seems worth making a few points.

1. Many have derided Roberts for considering the mandate payment a tax when the legislation called it penalty. Let's give him credit for speaking frankly. It really was a tax. The Congress simply didn't want to call it a tax for political reasons. The mandate is a payment required to be made to the Treasury, collected by the IRS, with no Criminal or Social Stigma of wrongdoing attached to it. Roberts did not have to call it a tax, but he did so on the principle of judicial restraint, interpreting the statute in a way most likely to maintain its constitutionality. That is the role of a Supreme Court in a constitutional republic.

The distinction Roberts employs to call the mandate a tax makes total sense. He says that a payment is a penalty when non-payment is considered a wrong. If you speed and pay a ticket, you have committed a misdemeanor. That is a penalty, not a tax. But when the payment is simply made without any claim that the action generating the payment is wrong, that is a tax. So, if you purchase cigarettes or a speed boat, you pay a special tax. It is your choice.

In the case of the mandate, the Affordable Care Act says that if you don't purchase insurance, you pay a certain amount to the treasury. That amount is less than you would normally pay for insurance in many circumstances. Thus the legislation expects and imagines people for whom the payment is lower than purchasing insurance to actually pay the payment rather than purchase insurance. This is evidence for Roberts that there is no stigma associated with the payment and that it really is functioning as a tax rather than as a penalty. There is no sense of a wrong. Despite what Congress said for political purposes, Roberts is on good grounds to call the mandate payment a tax.

2. Roberts blazes a new path on which the federal government can continue to regulate the actions of citizens. The Congress must now increasingly justify its regulatory initiatives by appeal to the power to tax rather than the power to regulate commerce.  While this may seem merely a semantic distinction, it is not a meaningless difference. And this is the heart of the real importance of Roberts' opinion.

If the mandate payment had been upheld under the commerce clause (as Justice Ginsburg's dissent advocated), then the government would have been permitted to do anything it wanted or needed to do in order to achieve its ends of creating a health care system. For example, Congress could have simply required people to purchase health care. You may think that is what Congress did. But according to Roberts, such a requirement is no longer constitutional. Instead, what the Congress did was say: "You have a choice. You can buy health insurance or you can forego buying health insurance and pay a tax to support the health insurance market."

What is the difference? Under the commerce clause, the government can tell you what to do (buy insurance) and it can punish you if you do not do so. Under the taxing power, all the government can do is require people to pay money into the treasury. This is not a meaningless difference.

 

While the power to tax can be terrible and the power to tax is also in certain cases the power to destroy, this is not usually the case. When taxes are reasonable and not destructive, an individual charged with buying insurance or paying a tax can always choose to pay the tax and not buy insurance.

This is the emancipatory thrust of Roberts' opinion. By shifting the Congressional authorization from Commerce to Taxation, he has struck a surprising balance between freedom and the government's power to influence behavior. On the one hand, it is now significantly harder to justify congressional authority over individuals that will compel them to act in a certain way. On the other hand, Congress can pursue its ends by taxation rather than by regulation.

3.  To make it clear just what it is that Roberts allowed, he offers an example that I think is helpful.

Suppose Congress enacted a statute providing that every taxpayer who owns a house without energy efficient windows must pay $50 to the IRS. The amount due is adjusted based on factors such as taxable income and joint filing status, and is paid along with the taxpayer’s income tax return. Those whose income is below the filing threshold need not pay. The required payment is not called a “tax,” a “penalty,” or anything else. No one would doubt that this law imposed a tax, and was within Congress’s power to tax. That conclusion should not change simply because Congress used the word “penalty” to describe the payment. Interpreting such a law to be a tax would hardly “[i]mpos[e] a tax through judicial legislation.”

Roberts is right here. The real reason to like his opinion is that by shifting the authorization from commerce to taxation, Roberts affirms the federal government's right to influence behavior but weakens the federal government's authority to compel citizen behavior. His argument is that it is more consistent with federal limits and the protection of freedom to allow the government to tax us then to regulate us.

There are still many unanswered questions here. It is unclear how impactful Roberts opinion will be in the future. But he has offered an alternative to the ever-expanding use of the commerce power to justify intrusive federal regulations, while still asserting that the federal government does have the power to motivate and behavior through its power to tax.

It is rare to read a Supreme Court opinion that is as surprising as it is thoughtful. It is also worth doing so. Robert's opinion is your weekend read.

-RB

Roger Berkowitz
Roger Berkowitz is Associate Professor of Political Studies and Human Rights at Bard College, and Academic Director of the Hannah Arendt Center for Politics and the Humanities. He is also the author of "Gift of Science: Leibiniz and the Modern Legal Tradition", as well as co-editor of "Thinking in Dark Times: Hannah Arendt on Ethics and Politics".
7Jun/1211

The New Class War: Public vs. Private

Occupy Wall Street focused attention on one conception of class conflict-the super wealthy against the 99%.  As successful as OWS was in spreading its message, almost no legislative agenda emerged.

The Tea Party focused its attention on the tax burdens faced by the middle classes and the upper middle classes.  The villain for the Tea Party is not the .5% who earn over $3 Million every year, but the firefighters and policemen and teachers who protect us and educate our children. The battle the Tea Party is fighting is against a vision of big government that is part reality and part fantasy.

The Tea Party's battle goes to the heart of who we are as a nation and it is less a battle between rich and poor than between progressives and conservatives. The Tea Party has given laser-like focus to what will now be a defining battle of the decade: Is the government going to continue to play a leading role in providing our health care, protecting the environment, and supporting our industries.

After Tuesday, one must face the facts that the Tea Party is winning in the democratic forum. Four votes Tuesday make this clear.

•Scott Walker's victory in the recall election in Wisconsin proves that even in democratic states with a historically pro-union electorate, the anger against public unions is palpable.

•Voters in San Diego and San Jose approved referendum that not only cut future pension benefits for public workers but more radically cut pensions for current workers as well.

•The City Council in Stockton, California granted the City Manager authority to declare bankruptcy—Stockton would be the largest city ever in the US to have done so.

It is important to note that the battle is not over welfare or even over healthcare.  Scratch beneath the surface and the Tea Party is not anti-welfare. In The Tea Party and the Remaking of Republican Conservatism, Theda Skocpol and Vanessa Williamson, Harvard scholars who have interviewed adherents of the new insurgency in different regions of the country, report that:

83% of South Dakota Tea Party supporters said they would prefer to “leave alone” or “increase” Social Security benefits, while 78% opposed cuts to Medicare prescription drug coverage, and 79% opposed cuts in Medicare payments to physicians and hospitals…. 56% of the Tea Party supporters surveyed did express support for “raising income taxes by 5% for everyone whose income is over a million dollars a year.

While the Tea Party activists are eager to shrink government, they do not seem to welcome a decimation of the welfare state. If the battle is not over a minimal welfare state, it is a battle over public sector unions.

Why are public sector unions so important?

My colleague and Arendt Center friend, Walter Russell Mead, articulates an answer. At the core of the democratic left for decades has been the "belief in a strong, well-funded state."  The many diverse environmentalists, egalitarians, and progressives have various agendas, but all depend on a vibrant bureaucracy to guide and rationalize public and private life. Some want government to fund schools and universities; other want government to save the environment; another group wants government to guarantee racial, sexual, gender, and religious equality; many want government to provide universal healthcare or guarantee a college education to anyone who wants it. In all these cases, what progressives want, in Mead's words:

Is control of the progressive, bureaucratic government machinery of the 21st century [which] is both the prize for whose control they struggle and the agent they hope will make their dreams real.

Mead encapsulates why the battle over public sector unions is so crucial at this juncture:

A Democratic Party dominated by its public sector unions is a party married to government and to bureaucracy. To the degree that the public unions shape its agenda, the Democrats become a lobby for the servants of the state. For the unions who represent its employees, the bureaucratic, civil service state is a solution permanently in search of new problems to solve and new worlds to conquer. The power of the public unions within the party pulls Democrats much farther to the left than they would otherwise go.

This is one reason the Wisconsin reforms stimulated such a powerful and united emotional wave of push back from virtually every section of the left. The threat to the public unions isn’t just a threat to a powerful source of funding for left-liberal candidates and to strong organizations with political experience and muscle; it’s a threat to the heart of the left coalition and to the structures that give the left much of its power in Democratic and therefore in national politics.

But the dominance of the public unions in the left had consequences for the left itself — bad ones. In contemporary America, the public sector unions are essentially a conservative constituency. That is, their core goal is to get more resources in order to fight all but superficial change in the structures their members inhabit. They want ever growing subsidies to the postal service, the public school system, the colleges and universities, even to health care — but they do not want the kind of reforms that could make these institutions more efficient, more productive, more serviceable.

Illustration by Sean Delonas

Mead offers wise counsel. One can of course believe that the reason for the victories in Wisconsin, San Jose, Stockton, and San Diego is simply the deep pockets of the Koch brothers. And those pockets are deep and deceptive. But money alone does not explain the voters' abandonment of public unions and the progressive model. The nation is seriously rethinking the role of the state and the public in our lives. We should be thinking with them. You can read more of Mead's post here.

The Hannah Arendt Center
The Hannah Arendt Center at Bard is a unique institution, offering a marriage of non-partisan politics and the humanities. It serves as an intellectual incubator for engaged thinking and public discussion of the nation's most pressing political and ethical challenges.